Admissibility of appeal on fundamental significance: loss of confidentiality protection for messenger communications in close relationships

The Federal Administrative Court (BVerwG) reversed the lower court's refusal to admit an appeal, ordering that the appeal be permitted to proceed on the merits, which resolved the procedural dispute in favor of the defendant/appellant. The case concerns a challenge to an administrative or judicial decision involving the unauthorized disclosure or lack of protection for confidential communications made via instant messaging services within close personal relationships, specifically addressing whether the confidentiality shield surrounding such messages can be lifted under specific circumstances. The decision is grounded in the legal doctrine of fundamental significance under § 68 of the Bremen Administrative Court Act in conjunction with § 132(2) No. 1 of the Administrative Court Procedure Act (VwGO), which allows an appeal to be admitted if the legal question at hand is of general importance to the uniform application of law.